S.D.P.W. Waidyarathne vs Provincial Commissioner Local Government, et al. – SC FR 137/2011-2011

In the case between S.D.P.W. Waidyarathne Siri Wedamadura (Petitioner) and the Provincial Commissioner Local Government of North Western Province, Chairman and Secretary of Mawathagama Pradeshiya Sabha, and others (Respondents), the court addressed the legality of the petitioner’s transfer from Mawathagama Pradeshiya Sabha to Bingiriya Pradeshiya Sabha. The core issue concerned whether this transfer was conducted in accordance with service regulations and whether it violated the petitioner’s fundamental rights under Articles 12 and 14(1)(g) of the Constitution. It was determined that the transfer was made for service exigencies and not on disciplinary grounds, with insufficient evidence establishing ultra vires conduct or rights infringements. The application was accordingly dismissed with